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When children can no longer live with their birth parents due to various circumstances, finding a stable, secure, and loving home becomes essential. Special Guardianship Orders (SGOs) offer a legal solution that provides a permanent arrangement, while still maintaining a link to the child’s birth family. In this blog, we’ll explore what SGOs are, how they work, and why they are increasingly being used as an alternative to adoption in the UK.
A Special Guardianship Order is a legal order that appoints one or more individuals as a child’s “special guardian,” granting them parental responsibility. While SGOs provide a greater degree of security than fostering, they do not entirely sever the legal relationship between the child and their birth parents, unlike adoption. This makes SGOs particularly suitable in cases where a child benefits from maintaining ties with their biological family, but requires a long-term, stable placement.
A Special Guardianship gives the appointed guardian the right to make almost all decisions regarding the child’s upbringing, such as where they go to school, medical treatment, and day-to-day care. However, birth parents retain limited parental responsibility, including the right to consent to the child’s adoption or change of name.
An SGO can be applied for by various individuals, including:
At Bowcock & Pursaill, we have years of experience in supporting families through the Special Guardianship Order process. Our team ensures that all parties involved, including birth parents, understand their rights and responsibilities.
Applying for a Special Guardianship Order involves multiple stages and often requires legal advice to navigate successfully. The process typically begins with an application to the Family Court, but prospective special guardians must also inform their local authority three months in advance of making the application. The local authority will conduct an assessment, evaluating the suitability of the applicant to provide long-term care for the child.
Once the application is made, the court will consider various factors, including:
In recent years, the number of Special Guardianship Orders granted in the UK has risen significantly. In fact, according to the UK Government’s 2022 Family Justice Review, SGOs accounted for nearly 35% of all orders made for children in public law care cases. This increase reflects a growing recognition that, for some children, maintaining ties with their birth family while living in a stable environment is the most appropriate solution.
Many local authorities now view SGOs as a preferable option to long-term foster care or adoption, particularly for older children who may have already formed strong bonds with extended family members or family friends.
Becoming a special guardian is a life-changing responsibility, and it’s important that guardians receive the support they need. Local authorities are required to provide support plans to special guardians, which may include:
In some cases, birth parents may also be entitled to contact arrangements with the child, though these are subject to review and modification by the court if necessary.
At Bowcock & Pursaill, we understand the emotional and legal complexities involved in Special Guardianship Orders. Whether you’re a grandparent considering an SGO or a parent seeking to understand your rights, our dedicated team is here to provide clear, compassionate legal advice. We can guide you through every step of the process, from initial application to final court decisions, ensuring that the child’s welfare remains the central focus.
Special Guardianship Orders provide a valuable alternative for families looking to offer stability and security to children in need. By maintaining connections with the birth family while ensuring a permanent home, SGOs strike a balance that suits many children, especially those with complex family dynamics. If you are considering applying for an SGO or have questions about the process, contact our family department for professional guidance tailored to your family’s specific needs.
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